Diario Oficial de la Unión Europea del 15/3/2022 - Comunicaciones e Informaciones
Text version What is this?Dateas is an independent website not affiliated with any government agency. The source of the PDF documents that we publish is the official agency stated in each of them. The text versions are non official transcripts that we do to provide better tools for accessing and searching information, but may contain errors or may not be complete.
Source: Diario Oficial de la Unión Europea - Comunicaciones e Informaciones
EN
C 120/2
Official Journal of the European Union
15.3.2022
ANNEX
DRAFT COMMISSION REGULATION EU /
of
on the application of Article 1013 of the Treaty on the Functioning of the European Union to certain categories of specialisation agreements
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation EEC No 2821/71 of the Council of 20 December 1971 on application of Article 853 of the Treaty to categories of agreements, decisions and concerted practices 1, Having published a draft of this Regulation, After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas:
1
Regulation EEC No 2821/71 empowers the Commission to apply Article 1013 of the Treaty on the Functioning of the European Union by regulation to certain categories of agreements, decisions and concerted practices falling within the scope of Article 1011 of the Treaty which have as their object specialisation, including agreements necessary for achieving such specialisation.
2
Commission Regulation EC No 1218/2010 2 defines categories of specialisation agreements which the Commission regarded as normally satisfying the conditions laid down in Article 1013 of the Treaty. In view of the overall positive experience with the application of that Regulation, which expires on 31 December 2022, and taking into account the results of the review procedure, it is appropriate to adopt a new block exemption regulation.
3
This Regulation should meet the two requirements of i ensuring effective protection of competition and ii providing adequate legal security for undertakings. The pursuit of those objectives should take account of the need to simplify administrative supervision and the legislative framework to as great an extent as possible.
4
Below a certain level of market power it can in general be presumed, for the application of Article 1013 of the Treaty, that the positive effects of specialisation agreements will outweigh any negative effects on competition.
5
For the application of Article 1013 of the Treaty by regulation, it is not necessary to define those agreements which are capable of falling within Article 1011 of the Treaty. In the individual assessment of agreements under Article 1011 of the Treaty, account has to be taken of several factors, and in particular the market structure on the relevant market.
6
The benefit of the exemption established by this Regulation should be limited to those agreements for which it can be assumed with sufficient certainty that they satisfy the conditions of Article 1013 of the Treaty.
1 OJ L 285, 29.12.1971, p. 46.
With effect from 1 December 2009, Article 81 of the EC Treaty previously Article 85 of the EEC Treaty has become Article 101 of the Treaty. These provisions are, in substance, identical. For the purposes of this Regulation, references to Article 85 of the EEC Treaty or Article 81 of the EC Treaty should be understood as references to Article 101 of the Treaty where appropriate.
2 Commission Regulation EC No 1218/2010 of 14 December 2010 on the application of Article 1013 of the Treaty to categories of specialisation agreements OJ L 335, 18.12.2010, p. 43.
